Property litigation articles
Practice group: Property litigation
31-08-10
Village green decision thwarts development
Most people – and certainly those who have been involved in an opposed planning application – know what a NIMBY is but, following a...
27-08-10
Surprise decision for rights of tenant
The Court of Appeal has issued a surprising judgment regarding the nature of a tenancy after the lease has expired.
A tenant was...
25-08-10
Landlord's intention must be long term
When a tenant's lease is governed by the Landlord and Tenant Act 1954, the landlord has limited grounds for refusing to renew the lease....
24-08-10
Virtual assignment is not assignment
A 'virtual assignment' is a device by which a tenant effectively appoints another organisation to deal with the practical aspects of its...
23-08-10
The recession was bad, but it wasn't frustrating
One of the reasons a contract can be abandoned is that the performance of the contract is 'frustrated' – something happens which makes it...
19-08-10
Unclear option agreement leads to court appearance
Option agreements in land transactions are normally straightforward. Where the option is exercisable over a period of time, or the planning...
13-08-10
Negotiation proves expensive for commercial landlord
Landlords who want to take the 'easy route' of negotiation, rather than litigation, when a tenant's lease comes up for renewal should take...
12-08-10
Hypothetical tenant doesn't count
When vacating premises at the end of a lease, the maximum amount of the tenant's liability for dilapidations under the dilapidations clause...
10-08-10
Insolvent tenant? Get paid quicker
Insolvencies have been running at a high rate for some time now, presenting problems for landlords and tenants alike.
It should be...
29-09-09
Mediaeval menace - property owners beware
The sad plight of a couple forced to sell their home in the face of a £230,000 bill for the repair of a nearby church highlights the risk...
04-09-09
Time to invest in property?
In recent years, those who have had money to invest in land and property have generally seen excellent results.
Many not only recouped...
01-09-09
Can a landlord claim retrospective rent review?
Most commercial leases contain provision for rent review. The principle is simple: to allow landlords to protect their investment by...
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